Full Text of HB4395 93rd General Assembly
HB4395enr 93RD GENERAL ASSEMBLY
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| AN ACT concerning protective orders.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Code of Criminal Procedure of 1963 is | 5 |
| amended by changing Section 112A-3 as follows:
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| (725 ILCS 5/112A-3) (from Ch. 38, par. 112A-3)
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| Sec. 112A-3. Definitions. For the purposes of this Article, | 8 |
| the
following terms shall have the following meanings:
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| (1) "Abuse" means physical abuse, harassment, intimidation | 10 |
| of a
dependent, interference with personal liberty or willful | 11 |
| deprivation but
does not include reasonable direction of a | 12 |
| minor child by a parent or
person in loco parentis.
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| (2) "Domestic violence" means abuse as described in | 14 |
| paragraph (1).
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| (3) "Family or household members" include spouses, former | 16 |
| spouses,
parents, children, stepchildren and other persons | 17 |
| related by blood or
by present or prior marriage, persons who | 18 |
| share or formerly shared a
common dwelling, persons who have or | 19 |
| allegedly have a child in common, persons
who share or | 20 |
| allegedly share a blood relationship through a child, persons | 21 |
| who
have or have had a dating or engagement relationship, | 22 |
| persons with disabilities
and their personal assistants, and | 23 |
| caregivers as defined in paragraph (3) of
subsection (b) of | 24 |
| Section 12-21 of the Criminal Code of 1961.
For purposes of | 25 |
| this paragraph, neither a casual acquaintanceship nor
ordinary | 26 |
| fraternization between 2 individuals in business or social
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| contexts shall be deemed to constitute a dating relationship.
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| (4) "Harassment" means knowing conduct which
is not | 29 |
| necessary to accomplish a purpose which is reasonable under the
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| circumstances; would cause a reasonable person emotional | 31 |
| distress; and
does cause emotional distress to the petitioner.
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| Unless the presumption is rebutted by a preponderance of the |
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| evidence, the
following types of conduct shall be presumed to | 2 |
| cause emotional distress:
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| (i) creating a disturbance at petitioner's place of | 4 |
| employment or school;
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| (ii) repeatedly telephoning petitioner's place of | 6 |
| employment, home or
residence;
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| (iii) repeatedly following petitioner about in a | 8 |
| public place or places;
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| (iv) repeatedly keeping petitioner under surveillance | 10 |
| by remaining
present outside his or her home, school, place | 11 |
| of employment, vehicle or
other place occupied by | 12 |
| petitioner or by peering in petitioner's windows;
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| (v) improperly concealing a minor child from | 14 |
| petitioner, repeatedly
threatening to improperly remove a | 15 |
| minor child of petitioner's from the
jurisdiction or from | 16 |
| the physical care of petitioner, repeatedly threatening to
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| conceal a minor child from petitioner, or making a single | 18 |
| such threat following
an actual or attempted improper | 19 |
| removal or concealment, unless respondent was
fleeing from | 20 |
| an incident or pattern of domestic violence; or
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| (vi) threatening physical force, confinement or | 22 |
| restraint on one or more
occasions.
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| (5) "Interference with personal liberty" means committing | 24 |
| or threatening
physical abuse, harassment, intimidation or | 25 |
| willful deprivation so as to
compel another to engage in | 26 |
| conduct from which she or he has a right to
abstain or to | 27 |
| refrain from conduct
in which she or he has a right to engage.
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| (6) "Intimidation of a dependent" means subjecting a person | 29 |
| who is
dependent because of age, health or disability to | 30 |
| participation in or the
witnessing of: physical force against | 31 |
| another or physical confinement or
restraint of another which | 32 |
| constitutes physical abuse as defined in this
Article, | 33 |
| regardless of whether the abused person is a family or | 34 |
| household member.
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| (7) "Order of protection" means an emergency order, interim | 36 |
| order or
plenary order, granted pursuant to this Article, which |
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| includes any or all
of the remedies authorized by Section | 2 |
| 112A-14 of this Code.
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| (8) "Petitioner" may mean not only any named petitioner for | 4 |
| the order of
protection and any named victim of abuse on whose | 5 |
| behalf the petition
is brought, but also any other person | 6 |
| protected by this Article.
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| (9) "Physical abuse" includes sexual abuse and means any of | 8 |
| the following:
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| (i) knowing or reckless use of physical force, | 10 |
| confinement or restraint;
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| (ii) knowing, repeated and unnecessary sleep | 12 |
| deprivation; or
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| (iii) knowing or reckless conduct which creates an | 14 |
| immediate
risk of physical harm.
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| (9.5) "Stay away" means for the respondent to refrain from | 16 |
| both physical presence and nonphysical contact with the | 17 |
| petitioner whether direct, indirect (including, but not | 18 |
| limited to, telephone calls, mail, email, faxes, and written | 19 |
| notes), or through third parties who may or may not know about | 20 |
| the order of protection.
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| (10) "Willful deprivation" means wilfully denying a person | 22 |
| who because of
age, health or disability requires medication, | 23 |
| medical care, shelter,
accessible shelter or services, food, | 24 |
| therapeutic device, or other physical
assistance, and thereby | 25 |
| exposing that person to the risk of physical, mental or
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| emotional harm, except with regard to medical care and | 27 |
| treatment when such
dependent person has expressed the intent | 28 |
| to forgo such medical care or
treatment. This paragraph does | 29 |
| not create any new affirmative duty to provide
support to | 30 |
| dependent persons.
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| (Source: P.A. 92-253, eff. 1-1-02.)
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| Section 8. The Civil No Contact Order Act is amended by | 33 |
| changing Sections 103, 202, 213, 214, 217, and 218 and by | 34 |
| adding Sections 204.3 and 218.5 as follows:
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| (740 ILCS 22/103)
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| Sec. 103. Definitions. As used in this Act:
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| "Abuse" means physical abuse, harassment, intimidation of | 4 |
| a dependent, or
interference with personal liberty.
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| "Civil no contact order" means an emergency order or | 6 |
| plenary order
granted under this Act, which includes a remedy | 7 |
| authorized by Section 213
of this Act.
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| "Non-consensual" means a lack of freely given agreement.
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| "Petitioner" means any named petitioner for the
no contact | 10 |
| order or any named victim of non-consensual sexual conduct or
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| non-consensual sexual penetration on whose behalf the
petition | 12 |
| is brought.
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| "Sexual conduct" means any intentional or knowing touching | 14 |
| or
fondling by the petitioner or the respondent, either | 15 |
| directly or through
clothing, of the sex organs, anus, or | 16 |
| breast of the petitioner or the
respondent, or any part of the | 17 |
| body of a child under 13 years of age, or
any transfer or | 18 |
| transmission of semen by the respondent upon any part of
the | 19 |
| clothed or unclothed body of the petitioner, for the purpose of | 20 |
| sexual
gratification or arousal of the petitioner or the | 21 |
| respondent.
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| "Sexual penetration" means any contact, however slight, | 23 |
| between
the sex organ or anus of one person by an object, the | 24 |
| sex organ, mouth
or anus of another person, or any intrusion, | 25 |
| however slight, of any part
of the body of one person or of any | 26 |
| animal or object into the sex organ
or anus of another person, | 27 |
| including but not limited to cunnilingus,
fellatio or anal | 28 |
| penetration. Evidence of emission of semen is not
required to | 29 |
| prove sexual penetration.
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| "Stay away" means to refrain from both physical presence | 31 |
| and nonphysical contact with the petitioner directly, | 32 |
| indirectly, or through third parties who may or may not know of | 33 |
| the order. "Nonphysical contact" includes, but is not limited | 34 |
| to, telephone calls, mail, e-mail, fax, and written notes. | 35 |
| (Source: P.A. 93-236, eff. 1-1-04.)
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| (740 ILCS 22/202)
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| Sec. 202. Commencement of action; filing fees.
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| (a) An action for a civil no contact order is commenced:
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| (1) independently, by filing a petition for a civil no | 5 |
| contact order in any civil court,
unless specific courts | 6 |
| are designated by local rule or order; or
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| (2) in conjunction with a
delinquency
petition or a | 8 |
| criminal prosecution, by filing a petition for a civil no | 9 |
| contact
order under
the same case number as the delinquency | 10 |
| petition or criminal prosecution, to be
granted
during | 11 |
| pre-trial release of a defendant, with any dispositional | 12 |
| order issued
under Section
5-710 of the Juvenile Court Act | 13 |
| of 1987 or as a condition of release,
supervision,
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| conditional discharge, probation, periodic imprisonment, | 15 |
| parole, or mandatory
supervised
release, or in conjunction | 16 |
| with imprisonment or a bond forfeiture warrant,
provided | 17 |
| that (i) the violation is alleged in an information, | 18 |
| complaint,
indictment, or
delinquency
petition on file and | 19 |
| the alleged victim is a person protected by this Act, and
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| (ii) the
petition, which is filed by the State's Attorney, | 21 |
| names a victim of the alleged
crime as a
petitioner.
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| (b) Withdrawal or dismissal of any petition for a
civil no | 23 |
| contact order
prior to adjudication where the petitioner is | 24 |
| represented by the State shall
operate as a dismissal without | 25 |
| prejudice. No action for a civil no contact
order shall be | 26 |
| dismissed because the respondent is being prosecuted for a | 27 |
| crime
against the petitioner. For any action commenced under | 28 |
| item (2) of subsection
(a) of
this Section, dismissal of the | 29 |
| conjoined case (or a finding of not guilty)
shall not require | 30 |
| dismissal of the action for a civil no contact order;
instead, | 31 |
| it may be treated as an independent action and, if necessary | 32 |
| and
appropriate, transferred to a different court or division.
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| (c) No fee shall be
charged by the clerk of the court for | 34 |
| filing petitions or modifying or
certifying orders. No
fee
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| shall be charged by the sheriff for service by the sheriff of a
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| petition, rule, motion, or order in an action commenced under |
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| this
Section.
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| (d) The court shall provide, through the office
of the | 3 |
| clerk of the court, simplified forms for
and clerical | 4 |
| assistance to
help with the writing and filing of a petition | 5 |
| under this Section by any
person not represented by counsel.
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| (Source: P.A. 93-236, eff. 1-1-04.)
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| (740 ILCS 22/204.3 new) | 8 |
| Sec. 204.3. Appointment of counsel. The court may appoint | 9 |
| counsel to represent the petitioner if the respondent is | 10 |
| represented by counsel.
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| (740 ILCS 22/213)
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| Sec. 213. Civil no contact order; remedy.
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| (a) If the court finds that the petitioner has been a | 14 |
| victim of
non-consensual sexual conduct or non-consensual | 15 |
| sexual penetration, a civil no
contact order shall issue; | 16 |
| provided that the petitioner must also satisfy the
requirements | 17 |
| of Section
214 on emergency orders or Section 215 on plenary | 18 |
| orders. The petitioner
shall not be denied a civil no contact | 19 |
| order because the petitioner or the
respondent is a minor. The | 20 |
| court, when
determining whether or not to issue a civil no | 21 |
| contact order, may not
require physical injury on the person of | 22 |
| the victim.
Modification and extension of prior civil no | 23 |
| contact orders shall be in
accordance with this Act.
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| (b) A civil no contact order shall order
one or more of the | 25 |
| following:
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| (1) order the respondent to stay away from the | 27 |
| petitioner; or
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| (2) other injunctive relief necessary or appropriate.
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| Order the respondent to stay away from
any other person
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| protected by the civil no contact order;
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| (3) prohibit the respondent
from abuse, as defined in | 32 |
| this Act, or stalking of the petitioner, as defined
in
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| Section 12-7.3 of the Criminal Code of 1961, if the abuse
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| or stalking has occurred or otherwise appears likely to |
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| occur if not
prohibited; or
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| (4) prohibit the respondent
from
entering or remaining | 3 |
| present at the petitioner's school or place of
employment, | 4 |
| or both, or other specified places at times when the | 5 |
| petitioner is
present, if reasonable, given the balance of | 6 |
| hardships.
Hardships need not be balanced for the court to | 7 |
| enter a stay away
order or prohibit entry if the respondent | 8 |
| has no right to enter the
premises.
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| (c) Denial of a remedy may not be based, in whole or in | 10 |
| part, on
evidence that:
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| (1) the respondent has cause for any use of force, | 12 |
| unless that
cause satisfies the standards for justifiable | 13 |
| use of force provided
by Article VII of the Criminal Code | 14 |
| of 1961;
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| (2) the respondent was voluntarily intoxicated;
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| (3) the petitioner acted in self-defense or defense of | 17 |
| another,
provided that, if the petitioner utilized force, | 18 |
| such force was
justifiable under Article VII of the | 19 |
| Criminal Code of 1961;
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| (4) the petitioner did not act in self-defense or | 21 |
| defense of
another;
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| (5) the petitioner left the residence or household to | 23 |
| avoid
further non-consensual sexual conduct or | 24 |
| non-consensual sexual penetration
by the respondent; or
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| (6) the petitioner did not leave the residence or | 26 |
| household to
avoid further non-consensual sexual conduct | 27 |
| or non-consensual sexual
penetration by the respondent.
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| (d) Monetary damages are not recoverable as a remedy.
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| (Source: P.A. 93-236, eff. 1-1-04.)
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| (740 ILCS 22/214)
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| Sec. 214. Emergency civil no contact order.
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| (a) An emergency civil no contact order shall issue if
the | 33 |
| petitioner satisfies the requirements of this subsection (a). | 34 |
| The
petitioner
shall establish that:
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| (1) the court has jurisdiction under Section 206
208 ;
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| (2) the requirements of Section 213 are satisfied; and
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| (3) there is good cause to grant the remedy, regardless | 3 |
| of
prior service of process or of notice upon the | 4 |
| respondent, because
the harm which that remedy is intended | 5 |
| to
prevent would be likely to occur if the respondent were | 6 |
| given
any prior notice, or greater notice than was actually | 7 |
| given, of
the petitioner's efforts to obtain judicial | 8 |
| relief.
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| An emergency civil no contact order shall be issued by the | 10 |
| court if it appears from the contents of the petition and the | 11 |
| examination of the petitioner that the averments are sufficient | 12 |
| to indicate nonconsensual sexual penetration by the respondent | 13 |
| and to support the granting of relief under the issuance of the | 14 |
| civil no contact order.
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| An emergency civil no contact order shall be issued if the | 16 |
| court finds that subsections (1), (2), and (3) above are met.
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| (b) If the respondent appears in court for
this hearing for | 18 |
| an emergency order, he or she may elect to file a
general | 19 |
| appearance and testify. Any resulting order may be an emergency
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| order, governed by this Section. Notwithstanding the | 21 |
| requirements of
this Section, if all requirements of Section | 22 |
| 215 have been met, the
court may issue a plenary order.
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| (c) Emergency orders; court holidays and evenings.
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| (1) When the court is unavailable at the close
of | 25 |
| business, the petitioner may file a petition for a 21-day
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| emergency order before any available circuit judge or | 27 |
| associate
judge who may grant relief under this Act. If the | 28 |
| judge finds that
there is an immediate and present danger | 29 |
| of
abuse against the petitioner and
that the petitioner has | 30 |
| satisfied the prerequisites set forth in
subsection (a), | 31 |
| that judge may issue an emergency
civil no contact order.
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| (2) The chief judge of the circuit court
may designate | 33 |
| for each county in the circuit at least one judge to
be | 34 |
| reasonably available to issue orally, by telephone, by | 35 |
| facsimile,
or otherwise, an emergency civil no contact | 36 |
| order at all times, whether
or not the court is in session.
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| (3) Any order issued under this
Section and any | 2 |
| documentation in support of the order shall be certified
on | 3 |
| the next court day to the appropriate court. The clerk of | 4 |
| that
court shall immediately assign a case number, file the | 5 |
| petition,
order, and other documents with the court, and | 6 |
| enter the order of
record and file it with the sheriff for | 7 |
| service, in accordance with
Section 222. Filing the | 8 |
| petition shall commence proceedings for
further relief | 9 |
| under Section 202. Failure to comply with the
requirements | 10 |
| of this paragraph (3) does not affect the validity of the
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| order.
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| (Source: P.A. 93-236, eff. 1-1-04.)
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| (740 ILCS 22/217)
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| Sec. 217. Contents of orders.
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| (a) Any civil no contact order shall describe each remedy | 16 |
| granted by
the court, in reasonable detail and
not by reference | 17 |
| to any other document, so that the respondent may
clearly | 18 |
| understand what he or she must do or refrain from doing.
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| (b) A civil no contact order shall further state the | 20 |
| following:
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| (1) The name of each petitioner that the court finds | 22 |
| was the victim of
non-consensual sexual conduct or | 23 |
| non-consensual sexual penetration by the
respondent and
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| the name of each other person protected by the order and | 25 |
| that the
person is protected by this Act .
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| (2) The date and time the civil no contact order was | 27 |
| issued,
whether it is an emergency or plenary order, and | 28 |
| the
duration of the order.
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| (3) The date, time, and place for any scheduled hearing | 30 |
| for
extension of that civil no contact order or for another | 31 |
| order of
greater duration or scope.
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| (4) For each remedy in an emergency civil no contact | 33 |
| order, the
reason for entering that remedy without prior | 34 |
| notice to the respondent
or greater notice than was | 35 |
| actually given.
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| (5) For emergency civil no contact orders, that the | 2 |
| respondent may petition the court, in accordance with | 3 |
| Section 218.5, to reopen the order if he or she did not | 4 |
| receive actual prior notice of the hearing as required | 5 |
| under Section 209 of this Act and if the respondent alleges | 6 |
| that he or she had a meritorious defense to the order or | 7 |
| that the order or its remedy is not authorized by this Act.
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| (c) A civil no contact order shall include the following | 9 |
| notice,
printed in conspicuous type: "Any knowing violation of | 10 |
| a civil no contact
order is a Class A misdemeanor. Any second | 11 |
| or subsequent violation is a
Class 4 felony."
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| (Source: P.A. 93-236, eff. 1-1-04.)
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| (740 ILCS 22/218)
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| Sec. 218. Notice of orders.
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| (a) Upon issuance of any civil no contact order, the clerk | 16 |
| shall
immediately, or on the next court day if an emergency | 17 |
| order is issued in
accordance with subsection (c) of Section | 18 |
| 214:
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| (1) enter the order on the record and file it in | 20 |
| accordance with the
circuit court procedures; and
| 21 |
| (2) provide a file stamped copy of the order to the | 22 |
| respondent, if
present, and to the petitioner.
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| (b) The clerk of the issuing judge shall, or the petitioner | 24 |
| may, on the
same day that a civil no contact order is issued, | 25 |
| file a certified copy of that
order with the sheriff or other | 26 |
| law enforcement officials charged with
maintaining Department | 27 |
| of State Police records or charged with serving the
order upon | 28 |
| the respondent. If the order was issued in accordance with
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| subsection (c) of Section 214, the clerk shall, on the next | 30 |
| court day, file a
certified copy of the order with the Sheriff | 31 |
| or other law enforcement officials
charged with maintaining | 32 |
| Department of State Police records.
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| (c) Unless the respondent was present in court when the | 34 |
| order was
issued, the sheriff, other law enforcement official, | 35 |
| or special process server
shall promptly serve that order upon |
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| the respondent and file proof of such
service in the manner | 2 |
| provided for service of process in civil proceedings. If
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| process has not yet been served upon the respondent, it shall | 4 |
| be served with
the order or short form notification. A single | 5 |
| fee may be charged for service
of an order obtained in civil | 6 |
| court, or for service of such an order together
with process, | 7 |
| unless waived or deferred under Section 208.
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| (d) If the person against whom the civil no contact order | 9 |
| is issued is
arrested and the written order is issued in | 10 |
| accordance with subsection (c) of
Section 214 and received by | 11 |
| the custodial law enforcement agency before
the respondent or | 12 |
| arrestee is released from custody, the custodial law
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| enforcement agent shall promptly serve the order upon the | 14 |
| respondent or
arrestee before the respondent or arrestee is | 15 |
| released from custody. In no
event shall detention of the | 16 |
| respondent or arrestee be extended for hearing
on the petition | 17 |
| for civil no contact order or receipt of the order issued under
| 18 |
| Section 214 of this Act.
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| (e) Any order extending, modifying, or revoking any civil | 20 |
| no contact
order shall be promptly recorded, issued, and served | 21 |
| as provided in this
Section.
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| (f) Upon the request of the
petitioner, within 24 hours of | 23 |
| the issuance of a civil no contact order, the
clerk of the | 24 |
| issuing judge shall
send written notice of the order along with
| 25 |
| a certified copy of the order to any school, college, or | 26 |
| university at which
the
petitioner is enrolled.
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| (Source: P.A. 93-236, eff. 1-1-04.)
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| (740 ILCS 22/218.5 new) | 29 |
| Sec. 218.5. Modification; reopening of orders. | 30 |
| (a) Except as otherwise provided in this Section, upon | 31 |
| motion by the petitioner, the court may modify an emergency or | 32 |
| plenary civil no contact order by altering the remedy, subject | 33 |
| to Section 213. | 34 |
| (b) After 30 days following entry of a plenary civil no | 35 |
| contact order, a court may modify that order only when a change |
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| in the applicable law or facts since that plenary order was | 2 |
| entered warrants a modification of its terms.
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| (c) Upon 2 days' notice to the petitioner, or such shorter | 4 |
| notice as the court may prescribe, a respondent subject to an | 5 |
| emergency civil no contact order issued under this Act may | 6 |
| appear and petition the court to rehear the original or amended | 7 |
| petition. Any petition to rehear shall be verified and shall | 8 |
| allege the following:
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| (1) that the respondent did not receive prior notice of | 10 |
| the initial hearing in which the emergency order was | 11 |
| entered under Sections 209 and 214; and
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| (2) that the respondent had a meritorious defense to | 13 |
| the order or any of its remedies or that the order or any | 14 |
| of its remedies was not authorized by this Act.
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| Section 10. The Illinois Domestic Violence Act of 1986 is | 16 |
| amended by changing Section 103 as follows:
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| (750 ILCS 60/103) (from Ch. 40, par. 2311-3)
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| Sec. 103. Definitions. For the purposes of this Act, the | 19 |
| following
terms shall have the following meanings:
| 20 |
| (1) "Abuse" means physical abuse, harassment, intimidation | 21 |
| of a dependent,
interference with personal liberty or willful | 22 |
| deprivation but does not include
reasonable direction of a | 23 |
| minor child by a parent or person in loco parentis.
| 24 |
| (2) "Adult with disabilities" means an elder adult with | 25 |
| disabilities
or a high-risk adult with disabilities. A person | 26 |
| may be an adult with
disabilities for purposes of this Act even | 27 |
| though he or she has never been
adjudicated an incompetent | 28 |
| adult. However, no court proceeding may be
initiated or | 29 |
| continued on
behalf of an adult with disabilities over that | 30 |
| adult's objection, unless such
proceeding is approved by his or | 31 |
| her legal guardian, if any.
| 32 |
| (3) "Domestic violence" means abuse as defined in paragraph | 33 |
| (1).
| 34 |
| (4) "Elder adult with disabilities" means an adult |
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| prevented by
advanced age from taking appropriate action to | 2 |
| protect himself or herself
from abuse by a family or household | 3 |
| member.
| 4 |
| (5) "Exploitation" means the illegal, including tortious, | 5 |
| use of a
high-risk adult with disabilities or of the assets or | 6 |
| resources of a
high-risk adult with disabilities. Exploitation | 7 |
| includes, but is not
limited to, the misappropriation of assets | 8 |
| or resources of a high-risk
adult with disabilities by undue | 9 |
| influence, by breach of a fiduciary
relationship, by fraud, | 10 |
| deception, or extortion, or the use of such assets or
resources | 11 |
| in a manner contrary to law.
| 12 |
| (6) "Family or household members" include spouses, former | 13 |
| spouses,
parents, children, stepchildren and other persons | 14 |
| related by blood or
by present or prior marriage, persons
who | 15 |
| share or formerly shared a common dwelling, persons who have or
| 16 |
| allegedly have a child in common, persons who share or | 17 |
| allegedly share a
blood relationship through a child, persons | 18 |
| who have or have had a dating
or engagement relationship, | 19 |
| persons with disabilities and their
personal assistants, and | 20 |
| caregivers as defined in paragraph (3) of subsection
(b) of | 21 |
| Section 12-21 of the Criminal Code of 1961.
For purposes of | 22 |
| this paragraph, neither a casual acquaintanceship nor
ordinary | 23 |
| fraternization between 2 individuals in business or social
| 24 |
| contexts shall be deemed to constitute a dating relationship.
| 25 |
| In the case of a high-risk adult with
disabilities, "family or | 26 |
| household members" includes any person
who has the | 27 |
| responsibility for a high-risk adult as a result of a family
| 28 |
| relationship or who has assumed responsibility for all or a | 29 |
| portion of the
care of a high-risk adult with disabilities | 30 |
| voluntarily, or by express or
implied contract, or by court | 31 |
| order.
| 32 |
| (7) "Harassment" means knowing conduct which
is not | 33 |
| necessary to accomplish a purpose that is reasonable under the
| 34 |
| circumstances; would cause a reasonable person emotional | 35 |
| distress; and
does cause emotional distress to the petitioner.
| 36 |
| Unless the presumption is rebutted by a preponderance of the |
|
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| evidence, the
following types of conduct shall be
presumed to | 2 |
| cause emotional distress:
| 3 |
| (i) creating a disturbance at petitioner's place of | 4 |
| employment or school;
| 5 |
| (ii) repeatedly telephoning petitioner's place of | 6 |
| employment, home or residence;
| 7 |
| (iii) repeatedly following petitioner about in a | 8 |
| public place or places;
| 9 |
| (iv) repeatedly keeping petitioner under surveillance | 10 |
| by remaining
present outside his or her
home, school, place | 11 |
| of employment, vehicle or other place occupied by
| 12 |
| petitioner or by peering in petitioner's windows;
| 13 |
| (v) improperly concealing a minor child from | 14 |
| petitioner, repeatedly
threatening to improperly remove a | 15 |
| minor child of petitioner's from
the jurisdiction or from | 16 |
| the physical care of petitioner,
repeatedly threatening to | 17 |
| conceal a minor
child from petitioner, or making
a single | 18 |
| such
threat following an actual or attempted improper | 19 |
| removal or concealment,
unless respondent was fleeing an | 20 |
| incident or pattern of domestic violence; or
| 21 |
| (vi) threatening physical force, confinement or | 22 |
| restraint on one or more occasions.
| 23 |
| (8) "High-risk adult with disabilities" means a person aged | 24 |
| 18 or over
whose physical or mental disability impairs his or | 25 |
| her ability to seek or
obtain protection from abuse, neglect, | 26 |
| or exploitation.
| 27 |
| (9) "Interference with personal liberty" means committing | 28 |
| or
threatening physical abuse, harassment, intimidation or
| 29 |
| willful deprivation so as to
compel another to
engage in | 30 |
| conduct from which she or he has a right to abstain or to | 31 |
| refrain from conduct
in which she or he has a right to engage.
| 32 |
| (10) "Intimidation of a dependent" means subjecting a | 33 |
| person
who is dependent
because of
age, health or disability to | 34 |
| participation in or the witnessing of: physical force
against | 35 |
| another or physical confinement or restraint of another which
| 36 |
| constitutes physical abuse as defined in this Act, regardless |
|
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HB4395 Enrolled |
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| 1 |
| of whether the
abused person is a family or household member.
| 2 |
| (11) (A) "Neglect" means the failure to exercise that | 3 |
| degree of care
toward a high-risk adult with disabilities which | 4 |
| a reasonable person would
exercise under the circumstances and | 5 |
| includes but is not limited to:
| 6 |
| (i) the failure to take reasonable steps to protect a | 7 |
| high-risk adult
with disabilities from acts of abuse;
| 8 |
| (ii) the repeated, careless imposition of unreasonable | 9 |
| confinement;
| 10 |
| (iii) the failure to provide food, shelter, clothing, | 11 |
| and personal
hygiene to a high-risk adult with disabilities | 12 |
| who requires such assistance;
| 13 |
| (iv) the failure to provide medical and rehabilitative | 14 |
| care for the
physical and mental health needs of a | 15 |
| high-risk adult with disabilities; or
| 16 |
| (v) the failure to protect a high-risk adult with | 17 |
| disabilities from
health and safety hazards.
| 18 |
| (B) Nothing in this subsection (10) shall be construed to | 19 |
| impose a requirement that
assistance be provided to a high-risk | 20 |
| adult with disabilities over his or
her objection in the | 21 |
| absence of a court order, nor to create any new
affirmative | 22 |
| duty to provide support to a high-risk adult with disabilities.
| 23 |
| (12) "Order of protection" means an emergency order, | 24 |
| interim
order or plenary order, granted pursuant to this Act,
| 25 |
| which includes any or
all of the remedies authorized by Section | 26 |
| 214 of this Act.
| 27 |
| (13) "Petitioner" may mean not only any named petitioner | 28 |
| for the order of
protection and any named victim of abuse on | 29 |
| whose behalf the petition
is brought, but also any other person | 30 |
| protected by this Act.
| 31 |
| (14) "Physical abuse" includes sexual abuse and means any
| 32 |
| of the following:
| 33 |
| (i) knowing or reckless use of physical force, | 34 |
| confinement or restraint;
| 35 |
| (ii) knowing, repeated and unnecessary sleep | 36 |
| deprivation; or
|
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| (iii) knowing or reckless conduct which creates an | 2 |
| immediate
risk of physical harm.
| 3 |
| (14.5) "Stay away" means for the respondent to refrain from | 4 |
| both physical presence and nonphysical contact with the | 5 |
| petitioner whether direct, indirect (including, but not | 6 |
| limited to, telephone calls, mail, email, faxes, and written | 7 |
| notes), or through third parties who may or may not know about | 8 |
| the order of protection.
| 9 |
| (15) "Willful deprivation" means wilfully denying a person | 10 |
| who
because of age, health or disability requires medication,
| 11 |
| medical care, shelter, accessible shelter or services, food,
| 12 |
| therapeutic device, or other physical
assistance, and thereby | 13 |
| exposing that person to the risk of physical,
mental or | 14 |
| emotional harm, except with regard to medical care or treatment
| 15 |
| when the dependent person has expressed an intent to forgo such | 16 |
| medical
care or treatment. This paragraph does not
create any | 17 |
| new affirmative duty to provide support to dependent persons.
| 18 |
| (Source: P.A. 92-253, eff. 1-1-02.)
|
|